Court of Queen's Bench Justice Bruce Millar said the Crown had failed to establish beyond a reasonable doubt, that Matechuk was repelling potentially deadly force when he killed Conway on April 18, 2015.

As a result he found Matechuk not guilty of second-degree murder.

Millar said that while he had difficulty accepting parts of Matechuk's testimony, he could not reject his claim Conway was reaching for a gun bag in the accused's van when the fatal shooting occurred.

In reviewing the facts of the case, Millar noted Matechuk had gone to a room in the Stetson Inn off Macleod Tr. that morning and retrieved a bag containing at least two shotguns.

Matechuk was armed with a handgun he had under his leg as he drove to a nearby parking lot, where Conway also showed up.

"Josh had at least what he believed to be two shotguns in the bag," Millar said. "We fast forward to the parking lot. Rod comes to the smashed out (passenger) window of the van.

"Josh testifies that Rod threatens to kill him — Rod reached for the gun bag.

"We know Rod has a history of threats to cause death or bodily harm -- that fact is not in dispute," the judge said.

"His precious guns had been taken and he knew it. That part of Josh's testimony fits with the events as a whole," Millar said.

"Did Rod reach for the gun bag as Josh testified? That is entirely plausible and fits with the evidence as a whole.

"Josh met that threat and the prospect that Rod would get a hold of the shotgun and use it."

As a result, Millar said, he had reasonable doubt whether Matechuk was acting in self-defence "and that the firing of the handgun in the face of meeting up with the business end of a shotgun was reasonable in the circumstances."

Matechuk had met Conway just three days earlier and was dragged into the deceased's criminal organization.

Over that period Conway's group committed several crimes, including a violent armed robbery of Empire Metals by the deceased and Matechuk.

During that heist Matechuk armed with a handgun struck one of the employees in the back of the head and kicked him when he fell to the floor.

After his acquittal on the murder charge Matechuk pleaded guilty to that robbery.